Pregnancy Discrimination

Are you facing discrimination at work due to your pregnancy? California law protects pregnant employees from unfair treatment, ensuring they receive the accommodations, leave, and job security they deserve.

Under the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to:

• Harass a pregnant employee
• Deny a promotion or demote based on pregnancy status
• Terminate or refuse to hire someone due to pregnancy

Additionally, California’s Pregnancy Disability Leave Law provides up to four months of job-protected leave for employees experiencing pregnancy-related disabilities.

Pregnant employees are entitled to legal protections in the workplace. Unfortunately, many employers fail to comply with state and federal laws, leaving workers vulnerable to discrimination.

1. Equal Treatment: Employers cannot make decisions about hiring, firing, job duties, or promotions based on pregnancy.
2. Reasonable Accommodations: If you have a pregnancy-related medical condition, your employer must provide reasonable modifications, such as:
   • Adjusting work duties
   • Providing additional breaks
   • Changing your work schedule
3. Maternity Leave: Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), eligible employees can take unpaid leave for pregnancy, childbirth, and bonding with their newborn.
4. Protection against Retaliation: Employers cannot punish you for asserting your rights.  If you are demoted, fired, or mistreated after requesting accommodations or leave, you may have a case for pregnancy discrimination.

Pregnancy discrimination is a form of sex discrimination and is prohibited under both state and federal laws. Employers are required to make reasonable accommodations for pregnant employees and cannot discriminate based on pregnancy, childbirth, or related medical conditions.

Signs of Pregnancy Discrimination Include:

• Not being hired due to pregnancy
• Being denied a promotion because of pregnancy
• Losing job benefits after revealing your pregnancy
• Being fired or demoted due to pregnancy or maternity leave

Pregnancy discrimination can also include failure to provide reasonable accommodations or denying a pregnant employee the right to return to work after maternity leave.

To succeed in a pregnancy discrimination claim, you must show that:

• You were treated differently from similarly situated employee
• Your treatment was directly linked to your pregnancy
• You suffered harm, such as lost wages or emotional distress

Evidence that strengthens a case includes:

• Direct proof of discrimination (emails, statements, or policies)
• Circumstantial evidence (showing employer inconsistencies or policy deviations)
• Witness testimony

If you believe you were discriminated against because of pregnancy, contact EmpLaw, LLP today for a free case evaluation.

If you prove your case, you may be entitled to substantial compensation, including:

• Lost wages and benefits (back pay and front pay)
• Compensation for emotional distress
• Legal fees covered by your employer
• Punitive damages for egregious violations

EmpLaw, LLP attorneys have successfully fought for millions in settlements for wronged employees. Don’t let discrimination go unchallenged—contact us today.